Southern Pacific Transportation Co. v. Public Utilities Commission Of California

716 F.2d 1285 SOUTHERN PACIFIC TRANSPORTATION CO., Plaintiff-Appellant, v. PUBLIC UTILITIES COMMISSION OF the STATE OF CALIFORNIA, Defendant-Appellee, State of California Department of Transportation, Intervenor-Defendant-Appellee. No. 82-4466. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 11, 1983. Decided Sept. 27, 1983. Malcolm Dungan, San Francisco, Cal., for plaintiff-appellant. Vincent MacKenzie, San Francisco, Cal., O.J. Solander, Sacramento, Cal., for defendant-appellee. Appeal from the United States District Court for the Northern District of California. Before DUNIWAY, SNEED and FARRIS, Circuit Judges. DUNIWAY, Circuit Judge: 1 Southern Pacific Transportation Co. appeals from the district court's judgment dismissing Southern Pacific's action seeking an injunction against enforcement of an order by the California Public Utilities Commission requiring Southern Pacific to run certain commuter trains within the state. The district court held that res judicata prevents consideration of Southern Pacific's argument that the Commission order is illegal because the order is preempted by federal law. 2 I. Facts. 3 This dispute arises from orders of the…